SHASHI KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Articles 226/227 of the Constitution of India, the petitioner seeks a writ of mandamus commanding the respondents to award him disability pension.

(2.) THE petitioner was in defence services as Gunner No. 14463928h. He was sent on training at Hyderabad. The petitioner while undergoing recruitment training at Artillery Centre, Hyderabad, was granted 15 days casual leave w. e. f. 31-5-1981 to 13-6-1981 to proceed to his home town at public expense. The petitioner, while, travelling from Hyderabad to Satna in Dakshin Express, sustained crush injury in little and ring fingers of right hand on 31-5-1981 at about 1700 hrs. in train accident at Itarsi. As a result of the injury, the petitioner on examination by the Medical Board was invalidated out of service in medical category (EEE) w. e. f. 4-11-1981 under Rule 13 (3) item III (iii) of Army Rules, 1954, however, Medical Board recommended him fit for suitable civil employment. The case of the petitioner for grant of disability pension under Pension Regulations for the Army, 1961 (Part-I) (for short 'regulations') framed under Section 192 of the Army Act, 1950, was considered and rejected as the injury received was not attributable to nor aggravated by the military service. The petitioner's appeal was also dismissed, by Government of India, Ministry of Defence, vide letter No. 7 (854)/83 Def (Pension Appeal) dated 21-6-1986 by the Chief CDA (P) as Ministry found no reasonable grounds to alter the decision of Chief CDA (Pension) Allahabad.

(3.) PETITIONER submits that under clause 6 (c) of the Regulations, the petitioner is entitled to disability pension on account of disability which is attributable to military service. He placed reliance on two decisions reported in Harbans Singh v. Union of India, AIR 1971 Delhi 227 and Chatroo Ram v. Secretary, Defence and Ors. , (1991) (1) S. L. R. 678.